Читать книгу Canadian Business Contracts Handbook - Nishan Swais - Страница 39

Every contract involves a commitment to do something: buy a car, sell a house, repair a computer, exchange currency, trade a hockey player, pay a mortgage, etc. Whatever the case, there is at least one action (and usually more) at the heart of every contract. Consequently, contractual relationships are based, in part, on the performance of that action, meaning doing what the contract says to do.

For example, in exchange for $100, you agree to tutor a student in mathematics for one hour every Saturday for the next four weeks. Those are what are called the terms of your contract. A term is any provision of a contract that creates both a legal obligation and a corresponding right. (For a further discussion of contractual terms, see Chapter 6.) It is the terms of a contract that “set out” or tell the persons contracting what they must do.

The terms of your contract with the student obligate you to: (i) tutor that student in mathematics, (ii) for one hour, and (iii) every Saturday over the next four weeks. The student is, per the terms of the contract, obligated to pay you $100 for your services.

At the same time, the terms grant you a corresponding right to receive $100 in payment from the student for your services. The student has the right to be (i) tutored in mathematics, (ii) for one hour, and (iii) every Saturday for the next four weeks.

Every contract sets up this mirror image of rights and obligations and, as you can see, when we speak generally of performing a contract, we are not favouring either of the persons involved in the contract. Each has its respective obligations to perform or “discharge” and each has its corresponding rights to claim or “assert.” Together, those rights and obligations add up to everything that is required to be done under the terms of the contract.

Performing a contract, therefore, means doing what the contract terms obligate you to do with the understanding that each obligation mirrors a right of the other person with whom you have contracted, and vice versa. In this way, every contract establishes the respective rights and obligations of the persons contracting.

As you will appreciate, writing the terms of a contract down will better ensure certainty about what your rights and obligations are. That is why learning to write your own contracts is so important.